Feros v Brisbane City Council & Anor [1992] QPEC 52

State Reporting Bureau TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) PLANNING AND ENVIRONMENT COURT ROW DCJ p & E ~·Appea'1 -1:'.1 No 213 of 1991 'iTT_C'T'QR .G FRR()S . and BRISBANE CITY COUNCIL and LUCAS KALLINOSIS BRISBANE .. DATE 10/08/92 ORDER 1 r··. ·--~---·-·-·---.-.... ~ Appellant Respondent Respondent by Election 4 t:1z Floor. The Law Courts,_(}:eifte Street, Brisbane, Q. 4000 Telephone: (07) 227 4360. Facsjmile; (07) 227 55B -- 1 of 3 -- r 100892 HIS HONOUR: In this matter on 10 June 1992 the Court ordered that the appeal be set down for hearing, and further ordered that there be a mutual exchange of documents. In acqordance with the terms of the order, such exchange of documents ought to have occurred by 4.00 p.m. on 31 July 1992. From the sequence of what has happened since that date, -j;t: is clear that there has been an obvious disregard of the Court's order, both by the respondent and by the respondent by election. At the relevant date I accept that the appellant was in a position to exchange Town Planning reports, and in fact had offered ~o exch~ri~e in :accbrd~nce·~ith the Court ordei. The Court views with considerable concern the fact the parties apparently completely disregard the orders made by the Court in relation to the exchange of documents. The purpose of the exchange of documents is to facilitate the hearing of the appeal and to ensure that the question of Court time can be reduced to a minimum. It is of considerable concern that the respondent has been the prime party who has been in default in relation to these matters. I accept Mr Feros' statement thqt he has been prejudiced in 10 20 30 40 the preparation of his appeal. In my opinion the application for 50 adjournment should be qranted. I adjourn the further hearing of the appeal to :tn a.m. ri:'~ursday, 15 Octoher. 1997., :&:or t:wo days. I order that the respondent pay the appellant's costs of the appeal,thrown away, to be taxed; such costs to be ascertained, and 60 2 ORDER .I -- 2 of 3 -- 100892 fixed according to the proper Cost Taxing Officer of the Supreme Court of Queensland, according to the scale of costs prescribed by law for the time being in respect of proceedings in the District Court. 10 20 30 40 50 60 -- 3 of 3 --